Butzel Long attorney Danielle J. Hessell represented the Freedom From Religion Foundation (FFRF), a Wisconsin-based non-profit organization, in filing an amicus brief in the case of Satawa v. Macomb County Road Commission et al. The FFRF complained to the Road Commission in 2008 that the display of the crèche, which stood almost 10 feet high in the median of Mound Road in Warren, Michigan, was an unconstitutional endorsement of religion. The Road Commission investigated and found that Satawa had no permit for the display, and refused to issue a new permit on the grounds that the crèche was a traffic hazard. Satawa then filed the lawsuit in the United States District Court for the Eastern District of Michigan, alleging that the denial of the permit violated both the Free Speech and Establishment Clauses of the First Amendment. The FFRF submitted its amicus brief in support of the Road Commission’s decision to deny Satawa’s permit request.
On April 19, 2011, Chief Judge Rosen issued a 48-page opinion granting summary judgment to the Road Commission and dismissing Satawa’s claims in their entirety. The court relied on evidence demonstrating that safety was a legitimate purpose for the refusal to issue the permit, holding that “Concern for public safety constitutes a reasonable, viewpoint neutral reason for excluding speakers from a nonpublic forum.” The Court also stated that the Road Commission’s decision did not violate the Establishment Clause, stating that “A reasonable observer here would not find that the Road Commission’s policy of not permitting the placement of temporary structures in the medians of major roadways conveys a message of endorsement or disapproval of religion[,]” as argued in the amicus brief submitted by Ms. Hessell. Satawa has filed a notice of appeal, and the FFRF is considering whether to submit another amicus brief to that Court, as well.
To view the Motion for Leave to File Amicus Brief and Brief in Support or the Opinion and Order Regarding Cross-Motions for Summary Judgment, please click the links under Related Files.